The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles were driven by the Defendant within a limited speed, and the instant accident occurred on the wind that is coming from the road on a bridge that is difficult to predict that the victim would normally appear, and the Defendant was unable to find in advance the victim on the instant road, and thus there was no fault in breach of duty of care on duty of care. Nevertheless, the lower court’s judgment convicting the Defendant of the instant facts charged was erroneous or misunderstanding of legal principles. (ii) In so doing, the lower court’s judgment that found the Defendant guilty of the instant facts charged was erroneous or erroneous. (iii) In so doing, the lower court’s sentence of unfair sentencing (one hundred months, two years of suspended execution,

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The lower court’s determination on the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine as to the following facts and circumstances, namely, ① the accident site is a general road, not a motorway, and the road was delivered to both sides of the road, so it is difficult to see the existence of pedestrians at all at all. ② The road was installed in the vicinity of the accident site, ② the victim was placed with the brightness, and the victim was placed with the brightness, so it would have been possible for the Defendant to find the existence of the victim in advance if he had performed his duty of brightness, ③ there was no other vehicle, etc. other than the light of the vehicles coming from the opposite line at the time, which would have been visible to the Defendant’s view on the above road except for the light of the vehicle at the time of the opposite line, and the shape of the victim could be identified at least from around 45 seconds to 45 seconds at the time of shock.